Can i get divorce becos of irretrvble brkdwn of marriiage

Originally posted by : somesh
	I'm looking for a quick divorce now. My understanding is since we both are staying separately for 3 years and both have indicated that reconciliation is not possible , I have sufficient ground to get divorce becos of irretrievable breakdown of marriage and I don't need to lead evidence to get divorce. However, as per my lawyer , we both need to provide evidence at the trial stage. Currently the divorce  case is adjourned as sec 24 hearing is going on. Can any expert throw light on this?

Your lawyer is right... you need to lead evidence to prove your ground for divorce.  Staying separately for 3 years by itself does confer any right for divorce. Irretrievable breakdown of marriage is not recognised as a ground for divorce under the HMA.

Irretrievable Breakdown of Marriage, is not a ground for divorce as yet in HMA. Though the bill is pending approval from Loksabha, it is anyone's guess when the said law would be passed. Hence till the law is passed, you would have to lead evidence and fight the case on other merits.

Regards,

There is very remote chance to get success by taking such ground as divorce until and unless the desertion of 3 years is not proved against her I.e. she is the actual cause of desertion and no chances of conjugal relationship could again restore between both of you.

There are very few judgements on divorce on such issue where irrtrvl. Break down of marriage has been taken as a ground by SC. 

 In support of your case you can reliance on G.V.N. Kameswara Rao vs. G. Jabilli[1], Parveen Mehta vs. Inderjit Mehta[2], Vijayakumar R. Bhate vs. Neela Vijayakumar Bhate[3], Durga Prasanna Tripathy vs. Arundhati Tripathy[4], Naveen Kohli vs. Neelu Kohli[5] and Samar Ghosh vs. Jaya Ghosh[6].

Good luck,

ESIS

Thanks for the replies , experts. I understand your points. However, if you consider the following facts :-

1. Reconciliation ( by the court) between us broke down.

2.  Both husband and wife    filed for divorce and wife in her w/s has said  there is no possibility of resumption of ties

3. Both staying separate for more than 3 years.

Does this not qualify for irretrievable breakdown of marriage?

Also I believe the Irretrievable breakdown of marriage bill has been approved by previous cabinet and got Presidents nod also.It  will come in force once it is notified in gazette . Is that right?

Saviour, this said only SC can grant the divorce on this ground. No other court can grant divorce under this ground, which is not existing in HMA as of now.

Regards,

As said by much respected Mr. Shonee kapoor and Adv Archana, only Supreme Court of India can grant a divorce on Irretrievable breakdown of marriage, also it is not on the Hindu Marriage ACT too. You can go ahead with Mental cruelty and desertion, with acceptable proof's/evidence.

To,

Author and above ld. experts,

If iam not wrong then I have allready written in a very lucid language that author has very remote chances to get success by such ground but on reliance of his case I have provided few SC judgements where irrtvl. Break down has been considered by SC.

Hence, it is very clear that so, far irrtvl. Break down of marriage is not added uder section of HMA 1955 but then also SC has considered the irrtvl break down as a ground when couple can't restore their conjugal relationship.

Thus, no where I have mentioned that lower court could grant his divorce. Its irony of not reading my opinions before leaving a scope of arguement.

Its helfull to the author that i have allready shown him the right direction via way of citations concluded from SC.

PS: As we all know that so far no law regarding IRBM has been passed yet and it's a long process before it would be published via gazetted notification of India.

But, that's not the cause that author of this thread would not get divorce if his case would be placed with right direction with well verged arguement crossing through lower court to SC court where SC court benches have allready freed such odd couples via marital litigation and divorce.

Try your attempt with experienced lawyer if mcd is not in your way.

Regards,

ESIS

The IRBM bill has lapsed after the dissolution of the 15th Loksabha as per the website prsindia

https://www.prsindia.org/billtrack/the-marriage-laws-amendment-bill-2010-1227

Which means this bill is no longer valid. If irretrievable breakdown are to be a made a ground for marriage, this will bill (or a new bill) will have to be re-introduced in Loksabha as well as Rajyasabha as per my understanding.

It is very unlikely that the current government will be interested in introducing such a bill as it is expected not to make divorce any easier for wife or husband due to it's more traditional values.

Comments please.

I agree with CGM member here.

This IRBM needs re-introduction & new oovt will not take such chances which led the past govt in trouble.

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

With regards,

Legal Expert